Civil Society and UN Human Rights Mechanisms
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Transcript of Civil Society and UN Human Rights Mechanisms
Civil Societyand
UN Human Rights Mechanisms
OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina
• Parallel reporting (or shadow report)
After the submission of the State report and before its consideration
Public with possibility of keeping it confidential
Not a UN official document
Due consideration should be given to the reporting guidelines
OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina
Treaty Bodies and Civil Society Treaty Bodies and Civil Society
• Treaty Body Sessions
Participation in pre-sessional Working Groups (CESCR; CEDAW; CRC)
Oral submissions during the session (HRC; CESCR; CAT; CEDAW; CMW) – public for CESCR and CEDAW
Informal briefing through side events
• Follow-up to Treaty Body recommendations
Broad dissemination
Cooperate with the State entities, NHRI, and other stakeholders in the implementation
Monitor the implementation by the State
Report to UN HR mechanismsOHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina
Treaty Bodies and Civil Society (cont’d)Treaty Bodies and Civil Society (cont’d)
• Individual complaints
Possible with all Treaty Bodies but SPT, CESCR and CRC (until CESCR-OP and CRC-OPIC enter into force);
A series of limitations, including: • After all available and effective domestic remedies have
been exhausted;• The complaint does not relate to a widespread pattern
of human rights violations;• 2 to 3 years for a final decision.
• Confidential inquiries
Possible under CAT, CEDAW, CRPD and CED (such an inquiry was initiatied by HLC-Belgrade in 1997)
OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina
Treaty Bodies and Civil Society (cont’d)Treaty Bodies and Civil Society (cont’d)
What can NGOs do?
Submit individual cases to special procedures (communications)
Provide information and analysis on specific human rights concerns
Provide support for special procedures’ country visits
Work locally or nationally to advocate, disseminate, follow-up on the work of special procedures and their recommendations
Invite mandate-holders to participate in their own initiatives
Nominate candidates for consideration as special procedures mandate-holders
OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina
Special Procedures and Civil SocietySpecial Procedures and Civil Society
Communications
• Strengths
may be used for individual cases as well as for a more general pattern of violations
they allow for urgent or preventive action (known as urgent appeals)
Wherever the cases occur, even in States, which have not ratified any of the human rights treaties
No need for exhausting all domestic remedies
NGOs can act on behalf of victims (with their consent)
OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina
Special Procedures and Civil Society (cont’d)Special Procedures and Civil Society (cont’d)
Communications
• Limitations
Need for a special procedure in place covering the specific human rights issue at stake
Special procedures are not legally binding mechanisms
Procedures vary depending on the mandate
OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina
Special Procedures and Civil Society (cont’d)Special Procedures and Civil Society (cont’d)
Communications: content
Identification of the NGO
Description of the circumstances of the incident(s) or problem
Date and place of the incident(s) or problem
If it involves individual victims, provide information on the victims a linkage with the human rights violations reported
Specify that you have the consent of the victim(s)OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina
Special Procedures and Civil Society (cont’d)Special Procedures and Civil Society (cont’d)
Communications: content
Having the consent of the victim(s) means:• The victim(s) are aware and agree that you send a case to special procedures on their behalf
• The victim(s) are to be informed that if special procedures mandate-holders will take up the case, a letter concerning what happened will be sent to the authorities
• The victim(s) are to be aware that, if the case is taken up, a summary of what happened will appear in a public report of the Special Rapporteur(s)
• The victim(s) can specify if they prefer that their full name or just the initials appear in the public report.
OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina
Special Procedures and Civil Society (cont’d)Special Procedures and Civil Society (cont’d)
Communications: content
If it involves a group of people provide details to identify them and link them to the human rights violation reported (e.g. group of people belonging to a minority being refused access to education)
Identification of the alleged perpetrators of the violation (when applicable)
If applicable, you can include additional information: whether the incident(s) or problem has been reported to the relevant national authorities if so, indicate whether the authorities have taken any action
Use the questionnaires available on the Internet to facilitate submission of information
OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina
Special Procedures and Civil Society (cont’d)Special Procedures and Civil Society (cont’d)
Communications: content
The information has to be:• Clear
• Consistent
• Credible
• Brief but with supporting documents to be submitted upon request if need be (i.e. standard submissions are normally of 1 or 2 pages)
• Submitted in English, French or Spanish
And keep sending follow up information on positive or negative developments on the case you reported
OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina
Special Procedures and Civil Society (cont’d)Special Procedures and Civil Society (cont’d)
• Before the review
National Consultations Submission of reports Lobbying/advocacy
• During the Working Group
Observation and lobbying Organisation of side events
• Between the Working Group and the Plenary Session
Work on the recommendations (influence the State in responding to recommendations)
Dissemination of the report and other lobbying and sensitisation activities
UPR and Civil Society UPR and Civil Society
OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina
• During the Plenary Session
Possibility of delivering a statement under certain conditions
• After the Plenary Session
Activities for the implementation of the recommendations
OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina
UPR and Civil Society (cont’d) UPR and Civil Society (cont’d)